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(영문) 수원지방법원 안산지원 2015.07.15 2015고단1403
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

A person who operates a "B" business attracting foreign patients and who is engaged in such business shall not invite a foreigner by fraudulent means, such as a false fidelity guarantee, or apply for a visa or a visa issuance certificate fraudulently to allow the foreigner to enter the Republic of Korea.

Nevertheless, on January 2014, the ratio of illegal stay of Chinese people who invited in the name of "B," which he operated, increased rapidly, the defendant had been willing to open a new business that is different from "B," and to continuously invite foreigners under the name of "D," with the knowledge that it is no longer possible to issue visa.

From March 2014 to July 2014, the Defendant started a business of ‘D' in the name of the above C, and applied for a visa to 30 persons, such as the issuance of a false personal reference, such as a false personal reference, which is an essential document, by directly entering and preparing a written recognition of visa, into a closednet (the medical tourism visa issuance certificate system) by using C’s authorized certificate and ID at his/her own discretion.

Summary of Evidence

1. Defendant's legal statement;

1. The statements or examination records of each police officer against G and C;

1. Application of the Acts and subordinate statutes on the Dominator List;

1. Article 94 subparag. 3 of the Immigration Control Act and Article 7-2 subparag. 2 of the same Act regarding the applicable criminal facts and the selection of a fine for each type of crime (see, e.g., that the accused is led to confession and reflect, that the accused does not have any specific penalty power except once a fine is imposed).

1. the former part of Article 37 of the Criminal Code, Articles 38(1)2 and 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so ordered as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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